Neighbour encroachment - significant

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frustrated88
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Neighbour encroachment - significant

Post by frustrated88 » Fri Jan 26, 2018 3:17 pm

Whats peoples view, neighbour keeps erecting fence's on my property removed twice over a number of years, and asked them to stop but they just ignore at the moment encroachment is in excess of 8metres so its not inchs im talking about.

Can I get done for criminal damage if I remove ? its been concreted in. Asked the neighbour to remove
and re-instate original fence but they say they dispute the boundary but are unwilling to provide any evidence to support.

I have a detailed surveyors report giving me a boundary with a tolerance of +/- 10mm which is signed.
Tried to ask for mediation but they just ignore my requests, dont see why I should have to take someone to court to justify
that I accept the title deeds and original boundary fence that was erected prior to them buying there property the whole situation is just weird.

PS They asked at the start if I would sell them some land and I declined

Any suggestions much appreciated! can the land registry help in anyway

jonahinoz
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Re: Neighbour encroachment - significant

Post by jonahinoz » Fri Jan 26, 2018 3:52 pm

PS They asked at the start if I would sell them some land and I declined

Hi Frustrated,

Agree to sell them some land, wait till the solicitors get involved, then change your mind.

That way you will have evidence that they are buying the land, therefore they have accepted that they don't own it.

There might be easier ways, especially if their original offer was in writing.

Park an old jalopy on the area that they want. Interfering with a motor vehicle is an endorsable offence.

602

frustrated88
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Re: Neighbour encroachment - significant

Post by frustrated88 » Fri Jan 26, 2018 4:08 pm

Thanks for your reply, stupidly at the start I just thought it could be sorted amicably and paid £1500 for a Surveyor to come
in and give there expert opinion, I even gave the neighbour direct access to the Surveyor to discuss and provide evidence to support any claims they had. When it was finalised they just simply said they don't agree but wont explain why.

I am thinking of parking an old banger or even two on the boundary line just saddens me that its come to this I guess. I would have turned a blind eye if it was just a ft or something like that, 8 metres is taking it to another level. This has been going on for over 3 yrs

MacadamB53
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Re: Neighbour encroachment - significant

Post by MacadamB53 » Fri Jan 26, 2018 5:43 pm

Hi frustrated88,

I think John W’s suggestion re giving them enough rope to hang themselves by offering to sell is a very good suggestion.

maybe you removing the fence could be the thing that triggers the talks and written negotiations...

kind regards, Mac

liveinpeace
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Re: Neighbour encroachment - significant

Post by liveinpeace » Fri Jan 26, 2018 6:04 pm

well I thought I had won the unreasonable and unfathomable neighbour competition, but you seem to have top trumped me.

Do you know if you are responsible for the fence on that side in your deeds, as that was the only way legally we were able to touch the fence in our dispute.
I think you have been more than reasonable offering to share your surveyors information. our solicitor has hammered home how important it is to be whiter than white in case it does end up going to court. though I do know it can very tempting to take a sledge hammer to the concrete posts it may not be the best option in the long game.
please do not doubt yourself or your behaviour as sometimes when faced with such unreasonable madness you can start to question yourself.
maybe a threat of involving a solicitor may be enough as they seem to have no evidence to support the land grab they have made.

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